(Newser)
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"Homosexual" Judge Vaughan Walker should have recused himself from the court decision ejecting California's Proposition 8 banning gay marriage, charged the head of a conservative "family council." What "you have is one judge—and an openly homosexual judge at that—who says he knows better than 7 million voters in the state of California," said Tony Perkins, head of the Family Research Council. Judge Walker has not declared his sexual orientation. When pressed on CBS' Face the Nation yesterday, Perkins admitted he doesn't know if Walker is gay or straight.

However, he added: "Had this guy been, say, an evangelical preacher in his past, there would have been cries for him to step down from this case. I do think it has a bearing on the case." Perkins charged Walker ignored "social science" proving the harm of gay marriage and legal logic. "This issue is not going to go away," he added. The legal team appealing the decision does not intend to raise the issue of Walker's rumored sexual orientation, lawyer James Campbell has told AP. "The bottom line is the law, and not about the judge who decides it," he said.